07/2G/20 n 14:57 FAX 2024335142 FAA ^ DMS 0001/00 3 

;:-['ARTMENT OF 

• "'ANSPORTATION 

Sen'cd July 18, 2011 'OCKFT OPERATIONS 

U.S. DEPARTMENT OF TRANSPORTION ?ni| jbl ; b P 3= 5 1 

OFHCE OF HEARINGS 

WASHINGTON, D.C. 

RECEIVED 

IN THE MATT12R OF 

D I, H r . JUL 2 0 20" 

Rushmore Helicopters. Inc. 

FAA DOCKET NO. CP10GLO0O2 HEARIN G DCXJKET 

(Civil Penalty Action) 

DMS Nu.FAA-2010-0023 

AGENCV^S OBJECTION TO RESPONDENT'S EXTENSION REOUEST 

In re.sponse to Respondent's request for an extension, the Agency slates iis follows: 

Agency Counsel did speak with Respondent's President, Michael Jacobs, this aJlcmoon 

and indicated thai -jhe had no authority to grant Respondent an extension. Agency Counsel 

advised Respondent that he would need to request .such an extension from the Administrative 

Law Judge. The Agency does in fact object lo any such extension. Respondent agreed lo the 

briefing schedule outlined by the Order on Briefing Schedule which requires Reispondent submit 

its Response Brief within 14 days of receipt of Complainant's Brief (which was timely submitted 

on July 6. 2011). Respondent has had a significant amount of time to draft a closing brief. This 

hearing occurred on April 27, 20] 1 and Rcspondunl's Response Brief was not due until July 21. 

20 n The violation ai issue in this case occurred aimosl two years ago and there is no need for 

further delay. Additionally, Respondent's President indicated that he has an attorney writing or 

assisting in the Response Brief; therefore, the fact that he is in the height of his sea.son is not 

relevant. 
Or/2G/20 n 14 58 FAX 2024935142 FAA - DMS l2]002/003 

Ai the hearing. Respondent'.'; President obtained the Court Reporter's contact information 

and was given ihe opportunity to request a hearing transcript. When Respondent's President 

agreed to the briefing schedule (prior to June 2, 2011). he was aware that Agency Counsel had 

received a copy of the hearing transcript. Yet, he jusi now^ more than eighty (SO) days after the 

hearing, is requesting an e.\lension because he apparently does not have the hearing transcript. 

Respondent has waited until the eleventh hour to request this extension and his failure to 

prepare is not reason to justify further delay in this ca.se. Therefore, the Agency objects to the 

requested extension. 

Respectfully suhinitted. 

^yiMk& 

Briana Mariino 

Attorney, Federal Aviation Administration 

Office of the Regional Counsel 

Great Lakes Region 

2300 East Devon A^'cnuc 

DesPlaines, IL60018 

(T) 847-294-7315 

(F) 847-294-7498 
07/26/2011 14:58 FAX 2024935142 FAA - DMS 003/003 

CERTIFfCATE OF SERVICE 

1 hereby certify that 1 have, this date, serv'ed the foregoing Objection to Respondent" s Extension 

Request by mailing copies to the following addresses as follows: 

Original and One Copy (Facsimilic and Regular Mail) 

Federal Aviation Administration 

isOO Independence Avenue. S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk. AGC-430 

Wilbur Wright Building, Suite 2W1000 

FAX: 202-493-5141 

Mr. Michael Jacob 

Rushmore Flelicoplers, Inc. 

24,S64 Highway 16/38.5 

Custer. SD 57730 

One Copy 

(Regular Mail & Email) 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M^20 

120O New Jersey Avenue. S.E. 

Ea.st Building Ground Floor 

Room El2-320 

Washington. r:»C 20590 

FAX: 202-366-7536 

(Facsimilie and Regular Mail) 

Dated this 18' day of July, 2011 

Tammy Gardner 

Legal lechnician